S.Palanivel, v. The Commissioner Of Land
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.29218 of 2017 S. Palanivel .. Petitioner
Versus
1. The Commissioner of Land Administration, Chepauk. Chennai - 600 005.
2. The Commissioner, Hindu Religious and Charitable Endowment, 119, Nungambakkam High Way, Nungambakkam, Chennai 600 034.
2. The District Collector, Dharmapuri District.
4. The Superintendent of Police, Dharmapuri District.
5. The District Registrar, Dharmapuri District.
6. The Joint commissioner, Hindu Religious and Charitable Endowment, Kottai Mariamman complex, Salem - 636 001.
7. The Fit Person Arulmigu New Subramania Swamy Temple, Papparapatti- 636 809,Dharmapuri District.
...Respondents
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Prayer: This petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the Respondents 3,4 and 6 to take appropriate action to secure and safeguard the Arulmigu New Subramania Swami temple property situated at Door No.100, Bazzar Street, Papparapatti Village, Pennagaram Taluk, Dharmapuri District by considering the petitioner's representation dated 18.09.2017 and pass orders.
For Petitioner : Mr.R. A. Monalisha For Respondents1 to 3 : Mr.K. Karthikeyan Government Advocate
ORDER
This petition is filed to seeking a writ of Mandamus directing the Respondents 3,4 and 6 to take appropriate action to secure and safeguard the Arulmigu New Subramania Swami temple property situated at Door No.100, Bazzar Street, Papparapatti Village, Pennagaram Taluk, Dharmapuri District by considering the petitioner's representation dated 18.09.2017 and pass orders.
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2.The facts of the case is that the petitioner is the ardent devotee of Arulmigu New Subramanian Swamy temple, which is one of the ancient temple situated at Papparapatti, Pennagaram Taluk, Dharmapuri District. A property was purchased in favour of Arulmigu New Subramania Swamy temple on 19.12.1928 through registered document No.2055 of 1928. The grievance of the petitioner is that the said property was not utilized for the welfare and development of the temple. Hence the petitioner sent a detailed representation to the Chief Minister's cell on 18.09.2017. However, there was no progress till date. Hence, this petition.
3. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to to consider petitioner's representation dated 18.09.2017 and pass orders.
4. The learned Government Advocate appearing for the Respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.
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5. For the foregoing reasons this Court without expressing any opinion on the merits of the case, directs the respondents to consider the representation of the petitioner and pass orders on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as the concerned parties if any, within a period of four months from the date of receipt of a copy of this order.
6. With the aforesaid direction, this writ petition is disposed of. No order as to costs.
12.04.2024 Speaking order : Yes/No Index : Yes/No smn 4/6
To
1. The Commissioner of Land Administration, Chepauk. Chennai - 600 005.
2. The Commissioner, Hindu Religious and Charitable Endowment, 119, Nungambakkam High Way, Nungambakkam, Chennai 600 034.
2. The District Collector, Dharmapuri District.
4. The Superintendent of Police, Dharmapuri District.
5. The District Registrar, Dharmapuri District.
6. The Joint commissioner, Hindu Religious and Charitable Endowment, Kottai Mariamman complex, Salem - 636 001.
7. The Fit Person Arulmigu New Subramania Swamy Temple, Papparapatti- 636 809, Dharmapuri District.
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V.BHAVANI SUBBAROYAN, J.
smn W.P.No.29218 of 2017 12.04.2024 6/6